Wisconsin Whistleblower Laws: Protections and How to Report

Overview of Wisconsin Whistleblower Laws

Wisconsin is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason. However, both statutory and common law protections create important exceptions for whistleblowers.

Wisconsin's whistleblower framework includes the State Employee Whistleblower Law (Wis. Stat. 230.80 through 230.89) for government workers, the Fair Employment Act's broad anti-retaliation provisions, and several industry-specific statutes protecting healthcare workers, elder care reporters, and others. The common law public policy exception in Wisconsin is narrower than in many states.

Federal whistleblower protections also apply to all Wisconsin workers. For a complete overview, see our guide to Federal Whistleblower Laws.

Common Law Protections

Wisconsin recognizes a limited public policy exception to the employment-at-will doctrine. However, this exception is narrower than in many other states. Wisconsin's common law protection does not broadly cover whistleblowing situations. Instead, it protects employees who:

• Refuse to violate a statute or constitutional provision
• Fulfill a statutory obligation to report wrongdoing to appropriate authorities

This narrow scope means most Wisconsin whistleblowers need to rely on the state's statutory protections rather than common law claims.

State Employee Whistleblower Law

The Wisconsin State Employee Whistleblower Law, codified at Wis. Stat. 230.80 through 230.89, provides the primary whistleblower framework for state government employees.

Who Is Protected

The law covers most state employees. However, certain positions are excluded:

• Employees of the Governor's office, the courts, the legislature, or a service agency
• Employees who are, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group

Protected Disclosures

Under Wis. Stat. 230.90, employers cannot retaliate against government employees for disclosing information about:

• A violation of any state or federal law, rule, or regulation
• Mismanagement or abuse of authority in state or local government
• A substantial waste of public funds (defined as an unnecessary expenditure of a substantial amount of money or a series of unnecessary expenditures of smaller amounts)
• A danger to public health and safety

Protection also extends to employees who the employer believes have made such disclosures, even if the employee has not actually done so.

Procedural Requirements

Wisconsin imposes specific procedural requirements for protection. To qualify, an employee must first disclose the protected information in writing to:

• Their immediate supervisor, or
• A governmental unit designated by the Wisconsin Equal Rights Division

This written disclosure must occur before the employee shares the information with anyone else, except for an attorney, collective bargaining representative, legislator, or certain legal authorities. Failing to follow this procedure may result in loss of protection.

Filing a Retaliation Complaint

Government employees must file retaliation complaints within 60 days of the retaliatory action or threat of retaliation. This is one of the shortest deadlines under Wisconsin law. Complaints are filed with the Wisconsin Department of Workforce Development, Equal Rights Division.

Remedies for Government Employees

Employees who prevail under the Whistleblower Law may recover:

• Reinstatement to the former position or equivalent position with or without back pay
• Transfer to another position for which the person is qualified within the same governmental unit
• Removal of adverse material relating to the retaliatory action from the employee's personnel file
• Compensatory damages
• Reasonable attorney's fees
• Insertion of a copy of the court order into the employee's personnel file

Courts may also recommend disciplinary actions against the retaliating agent, including suspension, termination, a letter of reprimand, or placement of information describing the agent's actions in their personnel file.

Fair Employment Act Protections

The Wisconsin Fair Employment Act, Wis. Stat. 111.322, provides broad retaliation protections that extend to both public and private sector employees across many employment contexts.

Anti-Discrimination Retaliation

Under Wis. Stat. 111.322(3), employers cannot retaliate against employees who:

• Oppose discriminatory practices
• File a discrimination complaint
• Testify or assist in discrimination proceedings

Wisconsin law prohibits employment discrimination based on age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during non-working hours, and declining to attend meetings about religious or political matters.

Additional Fair Employment Act Protections

Under Wis. Stat. 111.322(2m), the Fair Employment Act also prohibits retaliation against employees who file complaints, exercise rights, or participate in proceedings related to:

• Hours of labor (Wis. Stat. 103.02)
• Family or medical leave (Wis. Stat. 103.10)
• Right to inspect personnel records (Wis. Stat. 103.13)
• Minimum wage (Wis. Stat. 104.12)
• Wage claims (Wis. Stat. 109.03 and 109.07)
• Health care benefits claims (Wis. Stat. 109.075)
• Employee right to know about toxic substances (Wis. Stat. 101.58 through 101.599)
• Employment of minors (Wis. Stat. 103.64 through 103.82)
• Health care worker whistleblowers (Wis. Stat. 146.997)

Complaints under the Fair Employment Act must be filed with the Wisconsin Department of Workforce Development (DWD) within 300 days of the retaliatory action.

Remedies Under the Fair Employment Act

Employers who violate the Fair Employment Act may be liable for:

• Reinstatement
• Compensation ranging from 500 times to 1,000 times the hourly wage of the aggrieved employee
• Interim earnings may reduce back pay otherwise allowable

Additional Whistleblower Protections

Wisconsin has several other statutes that protect employees in specific contexts.

Health Care Employees

Under Wis. Stat. 146.997, health care facilities and providers cannot retaliate against employees who:

• Report violations of law, rules, or regulations by the facility or provider
• Report health care standards that pose a risk to public health or safety
• Testify or participate in proceedings concerning violations
• Provide information in good faith under the statute

Protection also applies if the employer merely believes the employee has engaged in these activities. Complaints must be filed with the DWD within 300 days.

Penalties for violations escalate: up to $1,000 for a first violation, up to $5,000 for a second violation within 12 months, and up to $10,000 for a third or subsequent violation within 12 months of two or more previous violations.

Elder Care Reporting

Under Wis. Stat. 46.90(4)(b), no person may retaliate against anyone for reporting the abuse, financial exploitation, neglect, or self-neglect of an elder adult at risk (defined as a person 60 years or older). Reports may be made to county departments, elder-adult-at-risk agencies, law enforcement, the state department, or the Board on Aging and Long-Term Care.

Whistleblowers do not need to be certain that a violation occurred. They only need to reasonably believe that abuse, exploitation, neglect, or self-neglect has occurred. Complaints must be filed within 300 days. Violators may be liable for damages and face fines up to $10,000, imprisonment up to six months, or both.

Migrant Workers

Under Wis. Stat. 103.96, employers and migrant labor contractors cannot retaliate against migrant workers for exercising rights under state or federal law. Remedies include reinstatement and back wages. In cases of willful violation, courts may award exemplary damages up to double the back wages, plus reasonable attorney's fees in aggravated circumstances.

Toxic Substances

Under Wis. Stat. 101.595(2), employers cannot retaliate against employees who exercise their right to request information about toxic substances, infectious agents, or pesticides in the workplace. Complaints must be filed with the DWD within 30 days. Remedies include reinstatement, back pay, provision of the requested information, and other appropriate relief.

Workers' Compensation

Under Wis. Stat. 102.35, employers cannot retaliate against employees for filing or attempting to file workers' compensation claims. Employers who violate this provision face fines ranging from $50 to $500 per offense.

Qui Tam and False Claims Provisions

Wisconsin has limited state-level qui tam provisions focused on Medicaid fraud. The state's False Claims for Medical Assistance Law allows private individuals to bring qui tam actions on behalf of the state against persons who defraud the state's healthcare programs.

For broader fraud reporting, employees may file qui tam lawsuits under the federal False Claims Act, which provides whistleblower awards of 15% to 30% of recovered funds and includes comprehensive anti-retaliation protections.

How to File a Whistleblower Complaint in Wisconsin

State Employees

State employees must first make a written disclosure to their immediate supervisor or a designated governmental unit. If retaliation occurs, file a complaint with the Wisconsin Department of Workforce Development, Equal Rights Division within 60 days. Call (608) 266-3131 for assistance.

Fair Employment Act Complaints

For discrimination retaliation, health care employee retaliation, and elder care reporting retaliation, file a complaint with the DWD within 300 days of the retaliatory action.

Toxic Substances Complaints

For retaliation related to toxic substance information requests, file with the DWD within 30 days.

Practical Tips for Wisconsin Whistleblowers

• State employees must make written disclosures to their supervisor or designated unit before going external. Follow this procedure carefully to preserve your protection.
• Be aware of the extremely short 60-day deadline for state employee retaliation complaints.
• Toxic substance retaliation complaints also have a short 30-day deadline.
• Document all disclosures and communications in writing.
• Consult an employment attorney experienced in Wisconsin whistleblower law, particularly given the procedural requirements.
• Even without a broad state qui tam law, the federal False Claims Act may apply to fraud involving federal funds.